Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: robertpaulsen
In other words, the federal government (Congress) may not write laws which infringe on the second amendment. States are free to do so, provided they don't violate their state constitution.

I see "Congress shall make no law" in the first amendment, but none of the rest of the Bill of Rights. So what makes you think that the rest don't. Of course these days the first amendment does apply to the states, but is poorly observed by Congress, which does make such laws "abridging the freedom of speech" and "of the press" as well, to keep themselves from being corrupted. It didn't work too well, but it did help ensure their individual re-elections.

61 posted on 03/20/2007 6:09:58 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
[ Post Reply | Private Reply | To 41 | View Replies ]


To: El Gato
See my post 51 on the supremacy clause of the Constitution.

-PJ

62 posted on 03/20/2007 6:12:43 PM PDT by Political Junkie Too (It's still not safe to vote Democrat.)
[ Post Reply | Private Reply | To 61 | View Replies ]

To: El Gato
"So what makes you think that the rest don't."

The Preamble to the Bill of Rights is quite clear as to which government the Bill of Rights applies.

"Of course these days the first amendment does apply to the states, but is poorly observed by Congress"

And the U.S. Supreme Court. Imagine what they'll do to the second. I can't believe you're actually anxious to give them that chance.

73 posted on 03/20/2007 6:40:29 PM PDT by robertpaulsen
[ Post Reply | Private Reply | To 61 | View Replies ]

To: El Gato; robertpaulsen
I see "Congress shall make no law" in the first amendment, but none of the rest of the Bill of Rights. So what makes you think that the rest don't.

From the very beggining the Bill of Rights have only applied to the federal government and not to the states. Some states even had an official religion after the ratification of the constitution.

It was not until the 14th amendment and subsequent "incorporation" SCOTUS rulings that certain Bill of Rights protections have been applied to the states.

RobertPaulson, has been 100% correct on his posts so far - at this point in time, the SCOTUS has not yet ruled that the 14th amendment 'incorporates' 2nd amendment protections to the states.

138 posted on 03/20/2007 11:00:47 PM PDT by JeffAtlanta
[ Post Reply | Private Reply | To 61 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson